[rittenberry]

Need to know about child abandonment law in the state of Maryland my kids have not heard from their mother in atmost 3 months nor has she paid child support

[stinawords]

That isn't long enough to use abandonment as grounds for anything. That is what abandonment is for... to use as grounds for something else like a divorce. Have you gone to court to get a support order in place?

[GV70]

I can see there a history of one parent walking out and leaving the other parent to cope with the children.If you want to termination her rights-you have a case.What do you want?

[rittenberry]

That isn't long enough to use abandonment as grounds for anything. That is what abandonment is for... to use as grounds for something else like a divorce. Have you gone to court to get a support order in place?

There is a child support order and was orderd to take kids on set dates but 3 months tells all

[JudyKayTee]

there is a child support order and was orderd to take kids on set dates but 3 months tells all

Then take her back to Court to enforce the support order.

As far as visitation I doubt she was ORDERED to take the kids on set dates - she may have been granted certain visitation but no Court can ORDER you to visit with your kids.

Unfortunately, if you are talking about abandonment, 3 months legally doesn't tell it all.

[ScottGem]

Child abandonment generally refers to leaving small children totally unsupervised. However, abandonment can be used as grounds for a divorce or TPR. For a TPR it would have be much longer and even then a judge will probably not grant it.

What you need to do is go to the Family Services agency in your area and enlist their aid in collecting the support ordered by the court.

[DonaldM_23]

How about having your children's mother sign over her parental rights

[JudyKayTee]

How about having your childrens mother sign over her parental rights

If you research the other threads you will learn this is almost impossible unless someone is available to adopt the children in the place of the parent.

[rittenberry]

Then take her back to Court to enforce the support order.

As far as visitation I doubt she was ORDERED to take the kids on set dates - she may have been granted certain visitation but no Court can ORDER you to visit with your kids.

Unfortunately, if you are talking about abandonment, 3 months legally doesn't tell it all.

There is a parenting plan she has been ordered
To take the kids every other summer and some holidays

[rittenberry]

How about having your childrens mother sign over her parental rights

She will never do that she will use them as a cruch

[JudyKayTee]

there is a parenting plan she has been ordered
to take the kids every other summer and some holidays

I have never seen anything even close to that. What State actually orders you that you have to take the children every other summer and some holidays - ?

So when you take her back for support, throw this in, too.

But then this opens up a whole new question - if she doesn't see them anyway why would you go through the trouble and (slight) expense to remove her rights - ?

[rittenberry]

I have never seen anything even close to that. What State actually orders you that you have to take the children every other summer and some holidays - ?

So when you take her back for support, throw this in, too.

But then this opens up a whole new question - if she doesn't see them anyway why would you go through the trouble and (slight) expense to remove her rights - ?

Because she will call talk to them tell them she will take them this time but don't thanks for your info the state of TN if this were me the DAD I would be under the jail

[stinawords]

Actually if is has only been three months you the dad wouldn't be in jail either. What you need to do is take her back to court to have the support order enforced. Was she ordered to pay through the court or directly to you? If it was through the court it will be very easy to show that payments haven't been made. If you can afford a lawyer go on and get one if not the state is on your side when it comes to collecting support.

[rittenberry]

All right thanks everyone for these responses, but let me try to explain my question a little more.
If I the costodial parent (father) did not give the non custodial parent (mother) the children during the schedule ordered visitation she could file contempt charges on me. If she the non-custodial parent just ups and leaves and in no contact with the children for 3 months + because as of today we still have no contact with her, you all mean there is nothing I can do other than go to court. So again I must toss all this money around in search for her to serve papers, miss time from work for her to be ordered to do the same thing she is doing now and run again, and in the mean time I struggle to pay health insurance that she had been ordered, no child support had been received, all ordered to pay to the child support enforcement agency, and I'm told because of it being a out of state it just takes longer and not really knowing what state she is in I guess I'll just keep forking over all the cash. Agrevated and very much disappointed in the system

[stinawords]

I know you are frustrated and yes the only thing you can do is go back to court unless you just want to ignore the fact that she left because unless you do go back to court she is still entitled to the visitation and can ask that you be held in contempt if you do not allow it. However, there should have been a stipulation in the original order that the visitation was to occur where she was living. If she moved you need to file in court that there has been a major change in the arrangement. Generally, the parent that moves be it cp or ncp is the one to pay the extra charges for gas or flights or whatever in order to keep the visitation. The cp would still be responsible for getting them to the airport or the half way point but the one that moved would be paying the amount on top of what was originally ordered.

[JudyKayTee]

I already advised you to take her back into Court - you file papers, stating she is in violation of a Court Order. You don't need an Attorney to do so.

And, yes, if the positions were reversed, the same law would apply.

So if she keeps calling the kids and upsetting them, don't let her talk to them and also cover that in the Court papers.

I have an Attorney friend in TN - she has never heard of a Court Order ordering a parent to take the children from a specified period. She's only seen visitation/custody orders but she is going to check on that aspect on Tuesday.

[GV70]

I have an Attorney friend in TN - she has never heard of a Court Order ordering a parent to take the children from a specified period of time. She's only seen visitation/custody orders but she is going to check on that aspect on Tuesday.

BTW it is possible if parents live at a distance.

[RemyGoof]

Child abandonment generally refers to leaving small children totally unsupervised. However, abandonment can be used as grounds for a divorce or TPR. For a TPR it would have be much longer and even then a judge will probably not grant it.

What you need to do is go to the Family Services agency in your area and enlist their aid in collecting the support ordered by the court.

Just wanted to say you might have abandonment and endangerment confused. But then I suppose different states use different wording. Still, a form of endangerment is leaving child alone for a shorter/specific period and then returning as to where abandonment is never returning...

[RemyGoof]

alright thanks everyone for these responses, but let me try to explain my question alittle more.
If I the costodial parent (father) did not give the non custodial parent (mother) the children during the schedule ordered visitation she could file contempt charges on me. If she the non-custodial parent just ups and leaves and in no contact with the children for 3 months + because as of today we still have no contact with her, you all mean there is nothing I can do other than go to court. So again I must toss all this money around in search for her to serve papers, miss time from work for her to be ordered to do the same thing she is doing now and run again, and in the mean time I struggle to pay health insurance that she had been ordered, no child support had been received, all ordered to pay to the child support enforcement agency, and I'm told because of it being a out of state it just takes longer and not really knowing what state she is in I guess I'll just keep forking over all the cash. Agrevated and very much disappointed in the system

Irritating I know... as for the kids health insurance costs, looking into Healthy Families. They offer low cost health, dental and vision insurance to parents at low cost. It is worth a try at he least as everything you do to help your kids is best

[ScottGem]

Just wanted to say you might have abandonment and endangerment confused. but then I suppose different states use different wording. Still, a form of endangerment is leaving child alone for a shorter/specific period of time and then returning as to where abandonment is never returning....

Different states do use different terms. The official criminla charge in many places is child endangerment. But my main point was that when dealing with divorce/custody issues, abandonment is not a charge but a grounds for the civil action.